The trademark RIVER was filed by ALDI Einkauf SE & Co. oHG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 18, 2004, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on October 12, 2004 by ESAROM Essenzenfabrik Gesellschaft m.b.H. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PUCHBERGER & PARTNER PATENTANWÄLTE and its proceedings were handled in German
The second opposition filed on October 12, 2004 by RIVES DISTILLERY, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by De la Torre Serrano, Maria Victoria and its proceedings were handled in English
The third opposition filed on October 7, 2004 by HIJOS DE RIVERA, S.A. on Likelihood of confusion. the opponent was represented by ABRIL ABOGADOS and its proceedings were handled in English
The fourth opposition filed on October 6, 2004 by RIVERBEND ESPAÑA, S.A. on Likelihood of confusion. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0783/2006-2 was Opposition allowed according to Article 1(2) CTMR with decision issued on December 4, 2007 by the EUIPO. The Opposition with reference B 000742843 was refused according to Article 8(1)(b) CTMR with decision issued on May 23, 2006 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark A26011 registered on July 18, 1976 and filed on May 21, 1974 which was accepted by the office.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic drinks
Drinks, juices and fruit juices
Syrups and other preparations for making beverages.